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HomeMy WebLinkAbout4180 RESOLUTION NO. 4180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROPOSING AN ORDINANCE FOR ADOPTION BY THE PEOPLE OF THE CITY OF ARCADIA AND PROVIDING FOR A SPECIAL ELECTION AT WHICH A PROPOSITION FOR THE ADOPTION OF SAID ORDINANCE SHALL BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY OF ARCADIA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARCADIA THAT: SECTION 1, The City Council of the City of Arcadia hereby submits to the voters of said City a proposition for the enactment of Ordinance No. 1425, which is entitled: "An Ordinance of the People of the City of Arcadia, California, Amending Sections 9233,7 ~ and 9233.9 of the Arcadia Municipal Code to Rezone Certain Property at the Northeast Corner of Huntington Drive and Baldwin Avenue to Permit the Development of a Regional Shopping Center", and which is hereinafter set forth. SECTION 2. The proposition shall be voted upon at a special City election called to be held in the City of Arcadia on the 20th day of April, 1971, for the purpose of submitting said proposition to the qualified voters of said City. SECTION 3, The polls for said election shall be opened at seven o'clock A.M. of the day of said election and shall remain open continuously from said time until eight o'clock P,M. of the same day when the polls shall be closed except as provided in Section 14436 of the Elections Code of the State of California, - -1- 4180 SECTION 4. On the ballots to be used at said special election, in addition to any other matters required by law, there shall be printed substantially the following: MARK CROSS (+) ON BALLOT ONLY WITH RUBBER STAMP; NEVER WITH PEN OR PENCIL. (ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR P!!:NCIL.) INSTRUCTIONS TO VOTERS To vote on any measure, stamp a cross (+) in the voting square after the word "YES" or after the word "NO". All marks except the cross (+) are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear or deface this ballot, return it to the inspector of elec- tion and obtain another, On absent voter ballots mark a cross (+) with pen or pencil. PROPOSITION: Shall the Ordinance of the People of the City of Arcadia, YES No, 1425, rezoning certain property at the northeast corner of Huntington Drive and Baldwin AVenU~& C-~\-D and H zones to permit a~ o~ng NO center be adopted? SECTION 5. A cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the proposition, A cross (+) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the proposition, -2- 4180 L ~c!c ~"<1 ,:t-r-7/ SECTION 4. On the ballots to be used at said special election, in addition to any other matters required by law, there shall be printed substantially the following: MARK CROSS (+) ON BALLOT ONLY WITH RUBBER STAMP; NEVER WITH PEN OR PENCIL. (ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.) INSTRUCTIONS TO VOTERS To vote on any measure, stamp a cross (+) in the voting square after the word "YES" or after the word "NO", All marks except the cross (+) are forbidden, All distinguishing marks or erasures are forbidden and make the ballot void, If you wrongly stamp, tear or deface this ballot, return it to the inspector of elec- tion and obtain another. On absent voter ballots mark a cross (+) with pen or pencil. PROPOSITION: Shall the Ordinance of the People of the City of Arcadia, YES No, 1425, rezoning certain property at the northeast corner of Huntington Drive and Baldwin Avenue to C-2, D and H zones to permit a regional NO shopping center be adopted? SECTION 5, A cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the proposition. A cross (+) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the proposition. -2- 4180 SECTION 6. If said proposition for the enactment of Ordinance No, 1425 receives a majority of the votes cast on said proposition at the election, said Ordinance No. 1425 shall become effective ten (10) days after the date upon which the City Council declares that a majority of the voters voting on said proposition have voted in its favor. SECTION 7. Except as otherwise provided herein, the election called hereby shall be conducted as provided by law for other municipal elections in said City. SECTION 8, Said Ordinance No. 1425 which is proposed for adoption by the People of the City of Arcadia reads as follows: "AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 9233.7 AND 9233.9 OF THE ARCADIA MUNICIPAL CODE TO REZONE CERTAIN PROPERTY AT THE NORTHEAST CORNER OF HUNTINGTON DRIVE AND BALDWIN AVENUE TO PERMIT THE DEVELOPMENT OF A HEGIONAL SHOPPING CENTER. THE PEOPLE OF THE CITY OF ARCADIA DO ORDAIN AS FOLLOWS: SECTION 1, The Zoning Ordinance of the Arcadia Municipal Code is hereby amended to change the zone classification of certain property as follows: 1. To reclassify as C-2 and D the property hereafter described as Parcell. 2, To reclassify as H the property hereafter described as Parcel 2, Parcell: That portion of Lot 5, Tract No. 949, in the City of Arcadia, County of Los Angeles, State of California as shown on map recorded in Book 17, Page 13 of Maps, records of said County; and of Huntington Drive, vacated as described in Ordinance No. 233, of the City of Arcadia, recorded in Book 9568, Page 282, Official Records of said County, described as follows: -3- 4180 Beginning at the intersection of the easterly line of Baldwin Avenue described as Parcel "A" in deed to the County of Los Angeles recorded in Book 37737, Page 127, Official Records of said County and as shown on County Surveyors Map No. B-2181 with the northerly line of Huntington Drive described as Parcel No.2 in deed to the City of Arcadia, recorded in Book 9396, Page 145 Official Records of said Los Angeles County; thence easterly along said northerly line of Huntington Drive North 860 05' 00" East 20.19 feet more or less to a point in a line parallel with and distant 20.00 feet easterly measured at right angle to said easterly line of Baldwin Avenue; said point being the true point of be~inning; thence along said Parallel line North 3 54' 55" East 225.00 feet to a point, said point being North 30 54' 55" East 305,75 and North 860 05' 00" East 60.56 feet from the southwest corner of said Lot 5; thence leaving said parallel line North 860 05' 00" East 129,81 feet; thence North 30 54' 55" East 104.00 feet; thence South 860 05' 00" West 129,81 feet to a point in the aforementioned parallel line; thence along said parallel line North 30 54' 55" East 1491.47 feet to the beginning of a tangent curve concave easterly, having a radius of 940.00 feet; thence northerly along the arc of said curve 487.95 feet; thence tangent to said curve North 330 39' 25" East 352.16 feetA thence leaving said parallel line South 510 50' 00" East 1463.53 feet to the beginning of a tangent curve concave southwesterly having a radius of 350 feet; thence southerly along the arc of said curve 436.03 feet; thence tangent to said curve South 190 24' 48" West 534.43 feet to the beginning of a tangent curve concave easterly, having a radius of 1200 feet; thence southerly along the arc of said curve 325.26 feet; thence tangent to said curve South 30 53' 00" West 476.37 feet to a point in said northerly line of Huntington Drive; thence along said northerly line North 860 07' 00" West 70.00 feet; thence leaving said northerly line North 30 53' 00" East 150.00 feet; thence North 860 07' 00" West 610.63 feet; thence South 480 53' 00" West 215.70 feet to the aforementioned northerly line of Huntington Drive; thence westerly along said northerly line to the true point of beginning; said portion of Lot 5 and vacated Huntington Drive containing 72.900 acres more or less. Parcel 2: That Portion of Lot 5, Tract No. 949, in the City of Arcadia, County of Los Angeles, State of California as shown on map recorded in Book 17, Page 13 of Maps, Records of Said County; described as follows: -4- 4180 Beginning at the intersection of the easterly line of Baldwin Avenue described as Parcel "A" in deed to the County of Los Angeles recorded in Book 37737, Page 127, Official Records of said County and as shown on County Surveyors Map No, B-2181 with the northerly line of Huntington Drive described as Parcel No.2 in deed to the City of Arcadia, recorded in Book 9396, Page 145 Official Records of said Los Angeles County; thence northerly along said easterly line of Baldwin Avenue, Parcel "A" North 30 54' 55" East 559.25 feet; thence leaving said easterly line South 860 05' 05" East 200.00 feet to the true point of beginning; thence along the following courses: North 380 02' 00" East 350.00 feet; North 510 58' 00" West 188.81 feet; North 380 02' 00" East 410,00 feet; South 510 58' 00" East 60,00 feet; North 380 02' 00" East 340,00 feet; North 510 58' 00" West 234,22 feet; North 380 02' 00" East 640.00 feet; South 510 58' 00" East 799.22 feet; South 110 53' 59" East 275,00 feet; South 380 02' 00" West 395.00 feet; South 510 58' 00" East 170.00 feet; South 380 02' 00" West 410.00 feet; North 510 58' 00" West 140,00 feet; South 380 02' 00" West 615.00 feet; South 880 30' 00" West 224.64 feet; North 510 58' 00" West 503.39 feet to the true point of beginning; said portion of Lot 5 contains 35.357 acres more or less. The zoning maps set forth in Section 9233.7 and 9233,9 of the Arcadia Municipal Code a.r.e, hereby amended to designate on said maps the reclassification set forth above. SECTION 2. Parcell is the entire property to be used for the shopping center, including parking and landscaping, and the designation of this property as C-2 and D will permit development of the shopping center. Parcel 2 is a portion of Parcell; the enclosed mall and department stores will be constructed within the area of Parcel 2, -5- 4180 SECTION 3, If construction of a regional shopping center on said property is not commenced within thirty (30) months from the effective date of this ordinance, all of said property shall be rezoned to the zoning existing before the adoption of this ordinance. The owner shall ,0 .. --P"U,J,.;., td,L~ 111'. J ,..A; of any eLII'( /2 $- 71 the owner, such commencement of be entitled to an extension of time equal to the delay arising from factors beyond the contro~ of ~;I~~ I9V tU~-' 41 tub....,. ~ ~l , as war, labor strikes and 11 tiga tion/t\which pi'event 1...z;{..; \'\ ~<.~ construction, and the City Council, at its sole pv~ /j/Yb discretion may extend the time if unusual delays are caused by City~~~ administrative procedures. ~~ / SECTION 4. The development and use of said property shall '$'~'1' ()-- be regulated and controlled by the conditions of City Council Resolution No. 4185 which shall become operative upon the effective date of this ordinance. SECTION 5. This ordinance is based upon the following findings: The property is suitable by reason of its unique size and location for a high quality regional shopping center of the type proposed by the applicant for this zone change, and the public convenience, general welfare and 'good zoning practice justify the rezoning for such use, The property is approximately 73 acres in size and is in a central location adjacent to the Santa Anita Race Track on the north and east and multiple family residences to the west, across Baldwin Avenue, and mixed commercial and multiple family residences to the south, across Huntington Drive, The location and size of the property will prevent the shopping center which is to be developed on the property from intruding into single family residential areas of the City. The property is adjacent to and is well served by major highways, The property will have convenient access to the Foothill Freeway via the Baldwin Avenue on ramps and off ramps. -6- 4180 k~hr~~ SECTION 3. If construction of a regional shopping center on said property is not commenced within thirty (30) months from the effective date of this ordinance, all of said property shall be rezoned to the zoning existing before the adoption of this ordinance. The owner shall be entitled to an extension of time equal to the duration of any delay arising from factors beyond the control of the owner, such as war, labor strikes or disputes and litigation testing or affecting the validity of this Ordinance or Resolution No, 4185 hereafter referred to, which prevent commencement of construction, and the City Council, at its sole discretion may extend the time if unusual delays are caused by City administrative procedures, SECTION 4, The development and use of said property shall be regulated and controlled by the conditions of City Council Resolution No. 4185 which shall become operative upon the effective date of this ordinance, SECTION 5, This ordinance is based upon the following findings: The property is suitable by reason of its unique size and location for a high quality regional shopping center of the type proposed by the applicant for this zone change, and the public convenience, general welfare and good zoning practice justify the rezoning for such use, The property is approximately 73 acres in size and is in a central location adjacent to the Santa Anita Race Track on the north and east and multiple family residences to the west, across Baldwin Avenue, and mixed commercial and multiple family residences to the south, across Huntington Drive. The location and size of the property will prevent the shopping center which is to be developed on the property from intruding into single family residential areas of the City, The property is adjacent to and is well served by major highways, The property will have convenient access to the Foothill Freeway via the Baldwin Avenue on ramps and off ramps. -6- 4180 The proposed General Plan for the City of Arcadia recommends a regional shopping center at this location. Economic studies show that there is a need for a regional shopping center in the trading area which includes the City of Arcadia and that the location of this property is well suited to serve that need, In order to protect and promote the public welfare it is necessary that the property be developed and used in accordance with the regulations set forth in said City Council Resolution No. 41~S, Neither public necessity, convenience, or the general welfare or good zoning practice justify the use of the property .' for any commercial use other than a regional shopping center. I HEREBY CERTIFY that the foregoing resolution was adopted at a special meeting of the City Council of the City of Arcadia held on' the 5th day of FEBRUARY , 1971, by the affirmative vote of at least three Councilmen, to wit: AYES: COUNCIUlEN CONSIDINE, HAGE, HELMS, BUTTERWORTH NOES: COUNCIUIAN ARTH a ABSENT: NONE SIGNED AND APPROVED this , 1971. >>J7T' . ~ ~r 0 e:gf/~ fl~ (SEAL) -7- 4180 2-5-71